Toal v. Zito

The defendants in an action to recover damages for alleged slander and libel move to dismiss each of the two causes of action contained in the complaint pursuant to subdivision 4 of rule 106 of the Civil Practice Act.

As to the first cause of action (slander) the motion is denied. The Funk & Wagnall’s New Standard Dictionary of the English Language (1936 ed.) defines a “confidence man ” as “ one who practices or assists in a confidence game ”. The same source defines a “confidence game” as “ a swindler’s operation of robbing or cheating a person whose confidence he has gained ”. Accusing a…